Can my former employer only pay me minimum wage on my last paycheck?

They stated they only had to pay me $7.25 per hour (minimum wage) on my last check, instead of my $31.86 per hour I was making because I will owe them for partial relocation money. Are they allowed to do this or do they have to pay me my full wages and then have me repay the relocation portion?

Asked on June 26, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, your employer may not do this: you must be paid as per the rate your were working at when you did the work. (They could have reduced your pay *before* you did the work, and if they had provided notice--told you--of that reduction prior to you doing the work, it would be legal.)

Also, an employer may not deduct money from an employee's paycheck without the employee's consent or as otherwise required by law (e.g. FICA, wage garnishment), even if the employee owes the employer money. If the employer believes you owe it money, it can ask you to repay it or set up a repayment schedule, and sue you if you don't--but it can't take the money from your paycheck.


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